New Jersey § 45:19a-2

§ 45:19a-2.

As used in this act: a. “ Owner ” or “ operator ” means an officer, director, member, sole proprietor, partner or associate of a private

security company. b. “ Security officer ” means any person who performs any of the following functions or activities as an

employee, agent or subcontractor of a security officer company as defined in subsection

c. of this section for a fee, hire or reward, notwithstanding the fact that other

functions and activities may also be performed by the same person for fee, hire or

reward; or any person who carries a firearm in the performance of the person's duties

and performs any of the following functions and activities as an exclusive employee

of a company maintaining a proprietary or in-house security function as defined in

subsection e. of this section whose primary duty is to provide these security functions

and activities for that company and whose services are not contracted to any other

entity or person: (1) protection of person or property, real or personal, from injury or harm or for

any other purpose whatsoever; (2) deterrence, observation, detection or reporting of incidents and activities for

the purpose of preventing the theft, or the unlawful taking, conversion, concealment

or misappropriation of goods, wares, merchandise, money, bonds, stocks, notes or other

valuable instruments, documents, papers or articles; or (3) deterrence, observation, detection or reporting of incidents and activities for

the purpose of preventing any unauthorized access, entry or unlawful activity, including

but not limited to, robbery, burglary, arson, criminal mischief, vandalism or trespass. The term shall not mean or include, and nothing in this act shall apply to, any law

enforcement officer of this State, or any political subdivision of the State, while

in the actual performance of his duties. For the purposes of this section, a law enforcement officer shall be deemed to be

in the actual performance of his duties if the law enforcement officer is in uniform,

or is exhibiting evidence of his authority, is performing public safety functions

on behalf of and as assigned by his chief of police or the chief law enforcement officer

of his law enforcement agency and is receiving compensation, if any, from his law

enforcement agency at the rates or stipends as are established by law. A law enforcement officer shall not be deemed to be in the actual performance of

his duties, for the purposes of this section, if the law enforcement officer is performing

private security functions or activities for a private employer while receiving compensation

for those duties from the private employer, and a law enforcement officer shall not

wear his uniform, or otherwise exhibit evidence of his authority as a law enforcement

officer, while performing private security functions or activities for a private employer. c. “ Security officer company ” means any body, board, person, firm, corporation, partnership, proprietorship, joint

venture, fund, authority or similar entity that is organized for the purpose of or

primarily engages in the business of furnishing for a fee, hire, reward or compensation

one or more security officers , or an entity that is organized for the purpose of or primarily engages in the business

of furnishing for a fee, hire, reward, or compensation one or more security officers

and is established by a non-profit organization . The term shall not mean or include, and nothing in this act shall apply to, any

board, body, commission or agency of the United States of America or of this State

or any other state, territory or possession of the United States of America, or any

county, municipality or school district or any officer or employee solely, exclusively

and regularly employed by any of the foregoing. The term shall include any business of watch, guard or patrol agency. d. “ Superintendent ” means the Superintendent of the Division of State Police in the Department of Law

and Public Safety. e. “ Company maintaining a proprietary or in-house security function ” means any body, board, person, firm, corporation, partnership, proprietorship, joint

venture, fund, authority , non-profit organization or similar entity that is organized for the general purpose of conducting business,

but which also employs persons who are required to carry a firearm in the performance

of their duties to provide armed security services exclusively for their business

or employees, and does not contract these employees to any other entity or person. f. “ Loss prevention employee ” means an unarmed employee of a company whose primary responsibility is loss prevention

and the protection of assets of that company. g. “ Nonprofit organization ” means an organization located in New Jersey which is exempt from federal taxation

pursuant to Section 501(c)(3) of the federal Internal Revenue Code ( 26 U.S.C. s. 501 (c)(3) ).